DUI & Reckless Disregard Of Life Defense In Virginia

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DUI Reckless Disregard Virginia Laws

Va. Code Ann.18.2-51.4

18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of 46.2-391.

B. The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Any person who, as a result of driving while intoxicated in violation of 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.

i. Shall be guilty of a Class 6 felony.

ii. The driver’s license shall be revoked pursuant to subsection B of 46.2-391 upon conviction

The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

DUI In Virginia

Lawyers in Virginia

In Virginia, DUI is a very serious charge, now more than ever. Driving a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. In Virginia, a DUI is the same as a DWI.

DUI Laws In Virginia

Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI or DUID in Virginia, the penalties for a DUI conviction are very serious.

The penalties you receive from the court is only the beginning. You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted.

The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where drinking and driving (DUI in Virginia) are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

If you wish to consult with us about a DUI/DWI/DUID case, our attorneys in Virginia can be reached at 888-437-7747.

When the laws against drunk driving (DUI) were originally passed in Virginia, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws (DUI laws) have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia. The drunk driving statutes (DUI laws) in Virginia today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI in Virginia had a blood alcohol content over the legal limit.

The three main factors the Virginia courts use to determine whether a person is guilty of a DUI in Virginia is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intox ECR/II.

The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving (DUI) is illegal in Virginia. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive (DUI) , even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

At SRIS, P.C., our Virginia attorneys handle DUI cases in Virginia regularly. Our job is to protect your rights. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our Virginia attorneys regarding your DUI defense in Virginia. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Our Virginia attorneys will do their best to help you.

The Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/DUID offense.

DUI/BUI (Boating Under Influence) Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

DUI/BUI (Boating Under Influence) Defense In Virginia

VIRGINIA LAWYERS –Boating Under The Influence (BUI/DUI)

Va. Code Ann.18.2-51.5

18.2-51.5. Maiming, etc, of another resulting from operating a watercraft while intoxicated; penalty

A. Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in 29.1-738.5.

B. The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Any person who, as a result of operating a watercraft or motorboat in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment in violation ofi. subsection B of 29.1-738 or

a similar local ordinance

i. Shall be guilty of a Class 6 felonyii. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth.

After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in 29.1-738.5.

The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1shall apply, mutatis mutandis, upon arrest for a violation of this section.